[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Rules and Regulations]
[Pages 62211-62213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28074]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0869; Directorate Identifier 2009-CE-043-AD; 
Amendment 39-16090; AD 2009-24-03]
RIN 2120-AA64


Airworthiness Directives; Vulcanair S.p.A. Models P 68, P 68B, P 
68C, P 68C-TC, and P 68 ``OBSERVER'' Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) to 
supersede AD 85-08-04, which applies to certain Vulcanair S.p.A. Models 
P 68, P 68B, P 68C, P 68C-TC, and P 68 ``OBSERVER'' airplanes. AD 85-
08-04 currently requires you to repetitively visually inspect the front 
and rear wing spars for cracks. If cracks are found, AD 85-08-04 
requires you to modify the wing spars. The wing spar modification 
terminates the repetitive inspection AD action and may be installed 
before cracks develop. Since we issued AD 85-08-04, the manufacturer 
revised the modification kit and identified additional airplane serial 
numbers that require the inspection and/or modification. Consequently, 
this AD would retain the actions of AD 85-08-04, allow you to install 
the revised modification kit, and add additional serial numbers to the 
Applicability section. We are issuing this AD to detect and correct 
cracks in the front and rear wing spar, which could result in the wing 
separating from the airplane. This failure could lead to loss of 
control.

DATES: This AD becomes effective on January 4, 2010.
    On January 4, 2010, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: For service information identified in this AD, contact 
Vulcanair S.p.A, Via G. Pascoli, 7, Casoria (Naples) 80026 Italy; 
telephone: (+39)081.5918111; fax: (+39)081.5918172; e-mail: 
[email protected]; Internet: http://www.vulcanair.com.
    To view the AD docket, go to U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at 
http://www.regulations.gov. The docket number is FAA-2009-0869; 
Directorate Identifier 2009-CE-043-AD.

FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace 
Engineer, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: 
(816) 329-4145; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    On September 15, 2009, we issued a proposal to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) to include an AD that 
would apply to certain Vulcanair S.p.A. Models P 68, P 68B, P 68C, P 
68C-TC, and P 68 ``OBSERVER'' airplanes. This proposal was published in 
the Federal Register as a notice of proposed rulemaking (NPRM) on 
September 21, 2009 (74 FR 48016). The NPRM proposed to supersede AD 85-
08-04 (50 FR 14370, April 12, 1985) with a new AD that would retain the 
actions of AD 85-08-04, allow you to install the revised modification 
kit, and add additional serial numbers to the Applicability section.

Comments

    We provided the public the opportunity to participate in developing 
this AD. We received no comments on the proposal or on the 
determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
except for minor editorial corrections. We have determined that these 
minor corrections:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     do not add any additional burden upon the public than was 
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 81 airplanes in the U.S. registry.
    We estimate the following costs to do the inspection:

[[Page 62212]]



----------------------------------------------------------------------------------------------------------------
                                                                                  Total cost per   Total cost on
                  Labor cost                               Parts cost                airplane     U.S. operators
----------------------------------------------------------------------------------------------------------------
24 work[dash]hours x $80 per hour = $1,920....  Not applicable..................          $1,920        $155,520
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repair and 
modification that would be required based on the results of the 
proposed inspection. We have no way of determining the number of 
airplanes that may need this repair/replacement:

------------------------------------------------------------------------
                                                          Total cost per
               Labor cost                   Parts cost       airplane
------------------------------------------------------------------------
100 work[dash]hours x $80 per hour =                $700          $8,700
 $8,000.................................
------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106 describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a summary of the costs to comply with this AD (and 
other information as included in the Regulatory Evaluation) and placed 
it in the AD Docket. You may get a copy of this summary by sending a 
request to us at the address listed under ADDRESSES. Include ``Docket 
No. FAA-2009-0869; Directorate Identifier 2009-CE-043-AD'' in your 
request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the Federal Aviation Administration amends part 39 of the Federal 
Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
85-08-04, Amendment 39-5037 (50 FR 14370, April 12, 1985), and adding 
the following new AD:

2009-24-03 Vulcanair S.p.A.: Amendment 39-16090; Docket No. FAA-
2009-0869; Directorate Identifier 2009-CE-043-AD.

Effective Date

    (a) This AD becomes effective on January 4, 2010.

Affected ADs

    (b) This AD supersedes AD 85-08-04, Amendment 39-5037.

Applicability

    (c) This AD applies to Models P 68, P 68B, P 68C, P 68C-TC, and 
P 68 ``OBSERVER'' airplanes, serial numbers 001 through 356, that 
are certificated in any category.

Unsafe Condition

    (d) This AD results from reports of cracks in the front and rear 
wing spars. We are issuing this AD to detect and correct cracks in 
the front and rear wing spars, which could result in the wing 
separating from the airplane. This failure could lead to loss of 
control.

Compliance

    (e) For airplane serial numbers 001 through 328, to address this 
problem, you must do the following, unless already done:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Visually inspect the      Initially inspect     Follow Partenavia
 front and rear wing spars     within the next 100   Costruzioni
 for cracks.                   hours                 Aeronautiche S.p.A
                               time[dash]in[dash]s   Service Bulletin
                               ervice (TIS) after    No. 65 Rev. 3,
                               May 17, 1985 (the     dated September 30,
                               effective date of     1985; or Partenavia
                               AD                    Costruzioni
                               85[dash]08[dash]04)   Aeronautiche S.p.A
                               , or upon reaching    Service Bulletin
                               2,100 hours total     No. 65 Rev. 1,
                               TIS, whichever        dated September 27,
                               occurs later.         1984.
                               Repetitively
                               inspect thereafter
                               at intervals not to
                               exceed 500 hours
                               TIS.
(2) Repair all cracks found   Before further        Follow Partenavia
 and modify the front and      flight after any      Costruzioni
 rear wing spars.              inspection            Aeronautiche S.p.A
                               specified in          Service Bulletin
                               paragraph (e)(1) of   No. 65 Rev. 3,
                               this AD where         dated September 30,
                               cracks are found.     1985; or Partenavia
                               Modification of the   Costruzioni
                               front and rear wing   Aeronautiche S.p.A
                               spar terminates the   Service Bulletin
                               repetitive            No. 65 Rev. 1,
                               inspection            dated September 27,
                               requirements of       1984.
                               this AD.

[[Page 62213]]

 
(3) To terminate the          Before further        Follow Partenavia
 repetitive inspection         flight after any      Costruzioni
 requirements of this AD,      inspection            Aeronautiche S.p.A
 you may modify the front      specified in          Service Bulletin
 and rear wing spar.           paragraph (e)(1) of   No. 65 Rev. 3,
                               this AD where         dated September 30,
                               cracks are not        1985; or Partenavia
                               found.                Costruzioni
                                                     Aeronautiche S.p.A
                                                     Service Bulletin
                                                     No. 65 Rev. 1,
                                                     dated September 27,
                                                     1984.
------------------------------------------------------------------------

    (f) For airplane serial numbers 329 through 356, to address this 
problem, you must do the following, unless already done:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Visually inspect the      Initially within the  Follow Partenavia
 front and rear wing spars     next 100 hours TIS    Costruzioni
 for cracks.                   after January 4,      Aeronautiche S.p.A
                               2010 (the effective   Service Bulletin
                               date of this AD),     No. 65 Rev. 3,
                               or upon reaching      dated September 30,
                               2,100 total hours     1985.
                               TIS, whichever
                               occurs later.
                               Repetitively
                               inspect thereafter
                               at intervals not to
                               exceed 500 hours
                               TIS.
(2) Repair all cracks found   Before further        Follow Partenavia
 and modify the front and      flight after any      Costruzioni
 rear wing spars.              inspection            Aeronautiche S.p.A
                               specified in          Service Bulletin
                               paragraph (f)(1) of   No. 65 Rev. 3,
                               this AD where         dated September 30,
                               cracks are found.     1985.
                               Modification of the
                               front and rear wing
                               spar terminates the
                               repetitive
                               inspection
                               requirements of
                               this AD.
(3) To terminate the          Before further        Follow Partenavia
 repetitive inspection         flight after any      Costruzioni
 requirements of this AD,      inspection            Aeronautiche S.p.A
 you may modify the front      specified in          Service Bulletin
 and rear wing spar.           paragraph (e)(1) of   No. 65 Rev. 3,
                               this AD where         dated September 30,
                               cracks are not        1985.
                               found.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Small Airplane Directorate, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. Send information to ATTN: Sarjapur 
Nagarajan, Aerospace Engineer, ACE-112, FAA, Small Airplane 
Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; 
telephone: (816) 329-4145; fax: (816) 329-4090. Before using any 
approved AMOC on any airplane to which the AMOC applies, notify your 
appropriate principal inspector (PI) in the FAA Flight Standards 
District Office (FSDO), or lacking a PI, your local FSDO.
    (h) AMOCs approved for AD 85-08-04 are approved for this AD.

Related Information

    (i) To get copies of the service information referenced in this 
AD, contact Vulcanair S.p.A, Via G. Pascoli, 7, Casoria (Naples) 
80026 Italy; telephone: (+39)081.5918111; fax: (+39)081.5918172; e-
mail: [email protected]; Internet: http://www.vulcanair.com. To view the AD docket, go to U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or 
on the Internet at http://www.regulations.gov.

Material Incorporated by Reference

    (j) You must use Partenavia Costruzioni Aeronautiche S.p.A 
Service Bulletin No. 65 Rev. 3, dated September 30, 1985; or 
Partenavia Costruzioni Aeronautiche S.p.A Service Bulletin No. 65 
Rev. 1, dated September 27, 1984, to do the actions required by this 
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Vulcanair S.p.A, Via G. Pascoli, 7, Casoria (Naples) 80026 Italy; 
telephone: (+39)081.5918111; fax: (+39)081.5918172; e-mail: 
[email protected]; Internet: http://www.vulcanair.com.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on November 13, 2009.
Margaret Kline,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28074 Filed 11-25-09; 8:45 am]
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